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MA. ROSARIO M. SABITSANA, Petitioners,
vs. JUANITO F. MUERTEGUI, represented
by his Attorney-in-Fact DOMINGO A.
MUERTEGUI, JR., Respondent. [G.R. No. 181359,
August 5, 2013, DEL CASTILLO, J.]
On the question of jurisdiction, it is clear under the
Rules that an action for quieting of title may be
instituted in the RTCs, regardless of the assessed
value of the real property in dispute. Under Rule 63
of the Rules of Court, an action to quiet title to real
property or remove clouds therefrom may be brought
in the appropriate RTC.
In 1981, Alberto Garcia (Garcia) executed an
unnotarized Deed of Sale in favor of respondent Juanito
over a 7,500-square meter parcel of unregistered land
located in Dalutan Island, Talahid, Almeira, Biliran,
Leyte del Norte covered by a tax declaration in Garcias
name.
Juanitos father Domingo Muertegui, Sr.
(Domingo Sr.) and brother Domingo Jr. took actual
possession of the lot and planted thereon coconut and
ipil-ipil trees. They also paid the real property taxes on
the lot for the years 1980 up to 1998.
In 1991, Garcia sold the lot to the Muertegui
family lawyer, Atty. Sabitsana, through a notarized
deed of absolute sale. The sale was registered with the
Register of Deeds on 1992. Although Domingo Jr. and
Sr. paid the real estate taxes, Atty. Sabitsana also paid
real property taxes in 1992, 1993, and 1999. In 1996,
Atty. Sabitsana introduced concrete improvements on
the property, which shortly thereafter were destroyed
by a typhoon.
When Domingo Sr. passed away, his heirs
applied for registration and coverage of the lot under
the Public Land Act. Atty. Sabitsana, opposed the
application, claiming that he was the true owner of the
lot. He asked that the application for registration be
held in abeyance until the issue of conflicting
ownership has been resolved.
Juanito, through his attorney-in-fact Domingo
Jr., filed an action for quieting of title and preliminary
injunction, against herein petitioners Atty. Sabitsana
and his wife, Rosario, claiming that they bought the lot
in bad faith and are exercising acts of possession and
ownership over the same, which acts thus constitute a
cloud over his title. The Complaint prayed, among